Vineland, NJ asked in Criminal Law and Domestic Violence for New Jersey

Q: how could i get arrested for simple assault when there is no evidence of any violence

how could i get arrested for simple assault and a case versus the state when there is no physical evidence of any violence committed or potential threatening violence/harm, and the “victim” specifically says they aren't a victim of anything to the cop repeatedly. Also, the cops proceeded to report and charge me with falsified information, in which they claimed I broke glasses that aren’t even broken, and the “victim” never mentioned to the cops at all anything about me breaking glasses or any other property. Also the “victim” told cops over and over that she did not even called them on me and how I never hit/harmed/ or endangered them and that she didn’t want to give a statement of something that never occurred in the first place. But the cops still arrested and processed me, without reading me my Miranda rights at any time while/before I was handcuffed and taken into custody, and with failure to tell me the reason I was arrested until they turned off their body camera.

2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: It doesn't sound like it was proper however we would need to see the police report in regards to this matter to tell you whether it was proper or not

Richard Diamond
Richard Diamond
Answered
  • Domestic Violence Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: I presume that your partner or someone else on her behalf contacted the police as a result of an incident between the 2 of you. Here is what you are misunderstanding. When the police arrive, they are now told to file a criminal assault complaint if there is any evidence of violence or the threat of violence. It is standard operating procedure. You were not treated differently than anyone else similarly situated but your partner has the right to contact the municipal prosecution and the municipal court judges chambers and tell them that she has no interest or intent of testifying against you or ii proceeding with the complaint. The officer cannot testify at a trial about what took place since he was not present and therefore the prosecutor will have to dismiss the complaint but the idea is to give the "victim" some breathing room and to file the complaint on her behalf since many people are afraid to do so. It is now in your partners hands as to how she wishes to proceed and whether she wishes to dismiss it. If nothing else, it may make sense for you and your partner to consider getting some counseling to assist in communicating more constructively and to avoid having the police show up again. When the police show up, it sounds like this incident got out of control, which is unhealthy for you and for her and if you and she have children,.... for them as well.

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